62. The Court recalls that, according to its constant jurisprudence, equal
protection of the law requires that the law protects all persons without
distinction.14 It follows that, in order to find a violation of this right, it must be
established that the applicant was treated differently from other persons
who were in a similar situation.15
63. The Court considers that, when a violation of the right to a fair trial is alleged,
it is incumbent on the Applicant to prove that the manner in which the
competent national courts assessed the evidence reveals an apparent or
manifest error which resulted in a miscarriage of justice to the detriment of
the party claiming the violation, as opposed to other parties in the same
situation.16
64. The Court notes that in the present case, and as it emerges from the record,
there is no provision in the applicable domestic law providing for different
treatment of litigants in similar situations.
65. The Court finds that the domestic courts properly examined the Applicant’s
allegations. Notably, the Court of Appeal heard five (5) witnesses during the
Applicant’s trial, and found that his identification was properly conducted
and left no doubt that he committed the offence. In any event, there is no
evidence on record that the Court of Appeal committed a manifest error that
resulted in a denial of justice to the detriment of the Applicant warranting its
intervention.
66. Furthermore, the Applicant has not proven that the domestic courts
undertook the proceedings in a manner that unduly differentiated between
the Applicant and other accused persons in a similar situation to his.
14
Harold Mbalanda Munthali v. Republic of Malawi, ACtHPR, Application No. 022/2017, Judgment of
23 June 2022 (merits and reparations), § 81; Action pour la Protection des Droits de l'Homme v. Republic
of Côte d'Ivoire (merits) (18 November 2016) 1 AfCLR 668, § 146.
15 Oscar Josiah v. United Republic of Tanzania (merits) (28 mars 2019) 3 AfCLR 83, § 73; Makungu V.
Tanzania, supra, § 70.
16 Josiah v. Tanzania, supra, § 73.
16